Warranties in Marine Insurance

  • Author :
  • TATA AIG Team
  • Published on :
  • 08/01/2024
  • 2 min read

A marine insurance warranty is an assurance of coverage by the insurer. It documents the ideal operating conditions under which the insurer promises to extend insurance coverage. If the insured does not abide by the terms of the marine insurance policy, the insurer reserves the right to deny all or some coverages.

A marine transit insurance contract helps you to keep your business financially stable in case there is damage or loss of property during transit from one place to another. This is one of the main elements of a marine insurance plan.

The main feature of a marine insurance contract is that it is a contract which makes the insurer liable to pay the insured an agreed sum for the damages and losses that may occur during transit. It ensures that you have the right coverage to keep yourself financially safe in case a mishap occurs.

There are many elements of marine insurance but one of the top elements is the types of warranties in marine insurance. This blog will talk about marine insurance warranties, so keep reading.

What are Warranties in Marine Insurance?

Warranties in a marine insurance plan refer to the promises or assurances that are made to the insurer by the insured. These are regarding certain acts that the policyholder shall or shall not commission. It is a promise made by the insured to the insurer regarding the usage of the insured vessel or ship.

The conditions and warranties in a marine insurance plan also determine if the insurer shall be held liable to consider the marine insurance claim filed by the insured.

Let us go into all the details regarding warranties under marine insurance.

Types of Warranties in a Marine Insurance Contract

Here are the two different types of warranties in marine insurance:

Express warranty in marine insurance

Express conditions and warranties in marine insurance are the statements and promises that the insured makes. The express warranties in marine insurance are clearly stated in the policy document or the deed. Some features of express warranty are:

Suitability of the ship to the journey that is intended.

Adherence of the insured party towards good safety and operational measures.

The insured declares all of the information that is relevant.

The legality associated with the voyage and consignment.

An accurate and true description of the cargo according to the laws and rules applicable.

Implied warranties in marine insurance

There are two different types of implied warranties in marine insurance i.e., legality of the vessel and seaworthiness. Implied warranties have no special mention in the marine insurance contract. Instead, creditworthiness and existence are assumed to form the basis of the marine insurance contract.

It is explicitly stated that the insured must comply with all the conditions and warranties in marine insurance. They must act in good faith and avoid any fraudulent activities. Moreover, there should be absolute transparency in the dealing to avoid any problems later.

How Do Marine Insurance Warranties Work?

Warranties are the main elements of a marine insurance contract, and they depict the promise of the insured towards the insurer regarding the operation or condition of a vessel. In case the insured fails to uphold any of the promises, the insurer has the authority to reject their claim.

Marine insurance contracts have strict implied and express warranties. Even a small breach can lead to a rejection of the claim by the insurer. Fulfilling and understanding the conditions and warranties in marine insurance is essential for an insured so that they get the required coverage at the time of claim settlement.

Seaworthiness of the Vessel

The ships and vessels that have been designed for transit need to be well-equipped and well-constructed. They should be able to handle the usual issues and stresses at the time of the voyage.

The ship has to be seaworthy for the adventure that the policyholder intends to perform.

The ship has to be ready for some common issues like rains occurring at the port.

The ship might need to adapt to different problems. So, it should have all the equipment in order to be ready to face any issues and adapt.

If the vessel is not in the right shape and is considered unseaworthy, the claim will be rejected.

Delays

There must not be any kind of delay in the inception of the voyage. In case a delay is discovered, the claim will be rejected.

Deviation

If there is a deviation from the common route, the insurance company’s liability shall end.

Destination change

After the risk has been incepted, if there is a change in the destination, the insurer shall not be held liable to pay any claim amount.

Conclusion

There are two different types of warranties in machine insurance, and you must keep them in mind when you purchase a marine insurance policy. The express warranty in marine insurance is clearly mentioned in the deed, while the implied warranty is assumed. In case you do not adhere to the stated conditions and warranties in marine insurance, the insurance company has the right to reject your claim.

Thus, adherence to conditions is crucial for a hassle-free claim settlement.

Tata AIG offers a marine insurance policy online with a hassle-free claim process, with features such as international coverage, regulation with compliance needs, cargo insurance against all losses, etc.

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Disclaimer / TnC

Your policy is subjected to terms and conditions & inclusions and exclusions mentioned in your policy wording. Please go through the documents carefully.

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